Gazette Tracker
Gazette Tracker

Core Purpose

Notification under section 29 of the Delhi Preservation of Trees Act, 1994 exempting 2.9253 hectares from the requirement of sub-section (3) of section 9 of the Act to permit transplantation and felling of trees for construction of the Punjabi Bagh, Raja Garden Flyover, subject to compensatory plantation and other conditions.

Detailed Summary

By notification F.No.14337/TO(North)/TC_Transplant/Felling/2023-24/8625-32 dated 15th March 2024, the Department of Forests and Wildlife, Government of NCT of Delhi, exercising powers under section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 of 1994), and acting through the Lt. Governor of the National Capital Territory of Delhi, exempted an area of 2.9253 hectares from the provision of sub-section (3) of section 9 of the Act for construction of the Punjabi Bagh, Raja Garden Flyover at Punjabi Bagh, New Delhi, permitting transplantation of 30 trees and felling of 3 trees (33 trees total) out of 253 trees at the project site; the exemption is subject to compensatory plantation of 330 tree saplings (ten times the number of trees permitted for transplantation) of species including Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun, to be carried out by the Public Works Department (PWD), the User Agency, on PWD land at Bhagat Singh Park, Siraspur, Libaspur, Delhi-110042 over 27,865 sqm, and transplantation of 30 trees at the CNG Pump Station, Punjabi Bagh Bus Terminal, Mahatma Gandhi Road, Punjabi Bagh over 4,101 sqm; PWD must deposit Rs. 18,81,000 (Eighteen Lakh Eighty-One Thousand only), comprising a refundable amount of Rs. 16,35,645 and administrative/contingency charges of Rs. 2,45,355, as security for maintenance of the plantation for seven years; the notification prescribes detailed terms including compliance with section 12 of the Act and the Tree Transplantation Policy, 2020, and is signed by A.K. Singh, Principal Secretary, by order of the Lt. Governor.

Full Text

1869 DG/2024 (1) रजिस्ट्री सं. डी.एल.- 33002/99 REGD. No. D. L. -33002/99 EXTRAORDINARY PUBLISHED BY AUTHORITY PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI fnYyh] 1 5 माचच] 2024 No. 92] DELHI, WEDNES DAY , MARCH 13, 2024 /PHALGUNA 23, 1945 [N. C. T. D. No. 467 GOVERNMENT OF INDIA SG-DL-E-16032024-253136 2 DELHI GAZ ETTE : EXTRAORDINARY PART IV] (1) (2) (3) (4) (5) (6) योग 253 30 3 33 330 (1) (2) (3) (4) (5) 4 DELHI GAZ ETTE : EXTRAORDINARY PART IV] DEPARTMENT OF FORESTS AND WILDLIFE NOTIFICATION Delhi, the 15th March, 2024 F.No.143 37/TO(North)/TC_Transplant/Felling/2023 -24/8625 -32 :-In exercise of the powers conferred by section 29 of the Delhi Preservation of Trees Act, 1994 (Delhi Act 11 of 1994), the Lt. Governor of National Capital Territory of Delhi, hereby, in pub lic interest exempts an area of 2.9253 ha for construction of Punjabi Bagh, Raja Garden Flyover at Punjabi Bagh, New Delhi, from the provision of sub -section (3) of section 9 of the said Act. Name of the Project Total Number of trees at the project site Number of trees Compensatory Plantation by User Agency (Number of trees) Transplantation Felling Total (1) (2) (3) (4) (5) (6) Construction of Punjabi Bagh, Raja Garden Flyover at Punjabi Bagh, New Delhi. Total 253 30 3 33 330 The said exemption is subject to fulfillment of the following conditions: - SN Location of Compensatory plantation. Number of saplings to be planted Total Amount including other Administrative expenses and contingency charges (in Rs.). To be Deposited with Forest Division. (1) (2) (3) (4) (5) (a) Compensatory Plantation of 330 number of tree saplings (10x33=330, i.e., ten times the number of trees permitted for transplantation of trees) consisting of species of Neem, Amaltas, Peepal, Pilkhan, Gular, Bargad, Desi Kikar and Arjun along with other native species shall be carried out by User Agency on PWD land at Bhagat Singh Park, Siraspur, Libaspur, Delhi -110042 in 27865 sqm area. 18,81,000 / - Tree Officer / Deputy Conservator of Forests (North) (b) Transplantation of 30 numbers of trees which are standing on site shall be done by User Agency with their own funds at CNG Pump Station, Punjabi Bagh Bus Terminal, Mahatma Gandhi Road, Punjabi Bagh, New Delhi over an area of 4101 sqm area. TERMS & CONDITIONS 1. Public Works Department (PWD) herein referred to as User Agency, shall make an advance deposit of an amount of Rs 18,81,000 /- (Rs. Eighteen Lakh Eighty One Thousand Only) (Refundable amount - Rs. 16,35,645/ - Rupees (Sixteen Lakh Thirty F ive Thousand Six Hundred Forty Five Only) and Administrative charges and contingencies - Rs. 2,45,355/ -Rupees (Two Lakh Forty Five Thousand Three Hundred Fifty Five Only) towards security deposit for creation and maintenance of compensatory plantation for a period of Seven (7) years and the same shall be forfeited and utilized for plantation by the Forest Department if terms and conditions mentioned at 2, 3 & 4 are not followed by User Agency. 2. The conditions required to be fulfilled before starting transplan tation / felling of trees by User Agency: - 6 DELHI GAZ ETTE : EXTRAORDINARY PART IV] a. Detailed plantation schedule shall have to be submitted by User Agency to concerned Tree Officer / Deputy Conservator of Forests in compliance with Section -12 of Delhi Preservation of Trees Act, 1994. b. User Agency shall submit a detailed plan for site preparation and plantation. c. The User Agency shall ensure that there is no pending litigation or stay order passed by any court of law/ other authority before undertaking felling/ transplantation of trees. d. Before the r emoval of trees from the site is commenced, all requisite statutory clearances shall necessarily be obtained by the User Agency. e. It should be ensured by the User Agency that all the conditions mentioned in Forest clearance and other clearances, if any obta ined, shall be followed scrupulously. 3. The conditions required to be fulfilled during the transplantation / felling of trees: - a. Transplantation of trees shall be initiated immediately after conditions in point no. 2 is satisfied and should be completed not l ater than six (06) months of such date, after which a completion report has to be submitted to the concerned Tree Officer / Deputy Conservator of Forests. The spacing of the transplantation of trees shall not be less than 4 meter (point to point) at transp lantation site. b. All the conditions mentioned in Tree Transplantation Policy, 2020 shall be followed scrupulously by User Agency. c. User Agency shall maintain the transplanted trees for minimum three years by engaging the same transplantation agency which has carried out the transplantation. d. The transplantation shall be carried out prior to felling of 03 number of trees permitted herein. The 03 trees shall be removed / felled after successful transplantation of 30 trees and submission of compliance certificate to concerned Tree Officer / Deputy Conservator of Forests e. The progress report of transplantation / felling shall be submitted to concerned Tree Officer / Deputy Conservator of Forests along with complete details of trees by the User Agency. f. If any tree is found to have nest of birds it should not be felled / transplanted till the same is abandoned by the birds. g. Transplantation / felling of any tree apart from 33 trees by User Agency shall constitute an offence under Delhi Preservation of Trees Act (DPTA), 1994. h. The timber obtained from removal of trees shall be auctioned and proceeds shall be deposited as revenue to the Government account by the User Agency. i. The lops & tops of the trees shall be sent / supplied to the nearest crematorium free of cost and t he same should be reported to concerned Tree Officer / Deputy Conservator of Forests by User Agency. j. Before shifting of timber, if any, from site of removal of trees, permission for transportation of the said wood shall be obtained from the concerned Tree Officer / Deputy Conservator of Forests by User Agency. k. Transplantation / felling of trees and transportation of forest produce arising there from to the public crematorium shall be completed within 90 days. l. The User Agency shall ensure that the plan of th is proposal shall not be changed. m. It should be ensured by the User Agency that all the conditions mentioned in forest clearance and other clearances, if any obtained, shall be followed scrupulously. n. All activities as submitted under approved Tree Preservat ion Plan should be followed scrupulously. o. It must be ensured that all provisions under section 4 (6 -b) of Tree Transplantation Policy, 2020 have been followed and details of the same should be submitted to the Tree Officer / Deputy Conservator of Forests c oncerned. p. User Agency must ensure that, for all transplanted trees that do not survive indigenous tree species with 15 feet height and at least 6 inch diameter is planted in 1:5 ratio. The excess land required should be provided by User Agency & plantation has to be done at own cost. 4. The conditions required to be fulfilled for considering successful plantation & release of Security Deposit by the Tree Officer / Deputy Conservator of Forests : - a. 100% Compensatory Plantation of 330 saplings of native species s hall be raised and maintained by User Agency for Seven years and monitored till its successful establishment as mentioned on table above. b. 330 tree saplings of indigenous species 6 -8 feet height shall be planted as compensatory plantation in ratio of 1:10 o n non -forest land in lieu of transplantation / felling 33 no. of trees. The plantation shall be done by following site specific plantation techniques with additional measures on identified land within three months of issue of tree removal permission and ma intenance for next Seven (7) years shall be carried out there after by User Agency with their own funds. c. If the User Agency fails to successfully raise compensatory plantation. The User Agency shall also deposit extra site improvement expenses which may be required to make the site suitable for plantation as calculated by Tree Officer / Deputy Conservator of Forests concerned (as deposits). d. The land over which compensatory plantation / Tree transplantation raised shall not be utilized for other purpose wi thout the approval of the Competent Authority. e. User Agency shall maintain plantation journals as prescribed by Department of Forests and Wildlife, Government of NCT of Delhi and a copy of the same shall be submitted to the concerned Tree Officer / Deputy C onservator of Forests at the end of every financial year. A copy of format is available in https://dpta.eforest.delhi.gov.in . f. Land Owning agency shall ensure that there is no encroachment in area proposed f or compensatory plantation/ transplantation. g. The User Agency shall implement the improved soil moisture conservation activities on compensatory plantation/ transplantation site. h. The User Agency shall ensure that the plan of this proposal shall not be chang ed. 5. If any of the above condition is not fulfilled by the User Agency, concerned Tree Officer/ / Deputy Conservator of Forests shall initiate action as per Section 12 of Delhi Preservation of Trees Act, 1994. 6. Permission for transplantation / felling of 33 numbers of tress is being granted to the User Agency at their own risk and without prejudice the claim(s) of any other person(s) who may be having any right(s) over the land or the trees . By Order and in the Name of the Lt. Governor of National Capital Territory of Delhi, A.K. SINGH, Pr. Secy . Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

Never miss important gazettes

Create a free account to save gazettes, add notes, and get email alerts for keywords you care about.

Sign Up Free